Law: Representation of the People Act, 1976

Section: 7,8

Law: Representation of the People Act, 1976

Section: 7,8

Law: Constitution of Pakistan, 1973

Section: 199

Representation of the People Act (LXXXV of 1976)-------Ss. 7 & 8---Constitution of Pakistan, Art.199---Constitutional petition---Polling stations---Change in location---Pre-conditions---Convenience of voters and law and order situation---Petitioner was aggrieved of change in location of polling station---Validity---Petitioner failed to point out any illegality or mala fide on the part of authorities while changing location of polling stations, which exercise was undertaken in accordance with law and keeping in view convenience of voters at large, after physical examination of polling stations and further to avoid any law and order situation, which was apprehended by voters of the area in written application---Petitioner approached High Court, when there was no time left to examine disputed facts or to make scrutiny of allegations, which did not find support from record as general elections were scheduled after one day of hearing of petition---Any interference by High Court at such belated stage would amount to frustrate election process and to de-franchise voters of the constituency, whose polling stations had already been shifted to new locations as per final list of polling stations published in official gazette---Petition was dismissed in circumstances. Imdad Ali M. Unar for Petitioner. Ch. Bashir Ahmed, Asstt. A.-G. Sindh for Respondents. Shakeel Ahmed Zai for Applicat/Intervenor. ORDER AQEEL AHMED ABBASI, J.--- Through instant petition the petitioner Jam Khan contesting candidate of PS-47 Hyderabad, has sought relief against respondent No.1 i.e. District Returning Officer Hyderabad and respondent No.2. i.e. Returning Officer for PS-47 AND PS-50 Hyderabad, with the prayer to direct the respondents to restore the original Polling Station from Emergency OPD District Government Hospital Hyderabad to Government Degree College Kali Mori Hyderabad, in respect of PS-102 (Male) and 103 (Female) of PS-47 Hyderabad. 2. Brief facts as stated in the instant petition are that the petitioner is the contesting candidate of PS-47 Hyderabad for the General Elections 2013, as well as voter of the same constituency. It has been stated by the petitioner that in the…

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